K NATARAJAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) It is the case of the petitioner is that he and the 4th respondent C.M.Murugan was appointed as Secondary Grade Teacher on 06.06.1972. The date of Birth of the petitioner is 06.06.1948 and the 4th respondent s date of Birth is 12.06.1948. So, the petitioner is senior in age than the 4th respondent. According to the petitioner as per G.O.Ms.No.8056 dated 13.07.1978 when both persons are appointed on the same date, then the seniority is to be maintained only on the basis of date of Birth of the employees. Further, the 4th respondent though was promoted as Elementary School Head Master on 01.04.1985, he was getting the salary of Secondary Grade Teacher only till 31.05.1988 and he was paid the salary of Head Master of Elementary School only from 01.06.1988. The petitioner was promoted as Head Master of Elementary School on 01.06.1988 and he was paid Head Master salary from the date of his promotion i.e. on 01.06.1988.

(2.) When the facts are being so, in the seniority list maintained among the Elementary School Head Master, the petitioner's name was placed below the name of the 4th respondent C.M.Arumugam in the seniority list dated 01.01.1999 of Panchayat Union Elementary School Head Master. The petitioner was shocked to see the said seniority list that even though he is a senior to the 4th respondent, his name was placed in the seniority list below the name of the 4th respondent. Hence, the petitioner submitted a representation on 11.05.2000 to the 3rd respondent. However, the 3rd respondent instead of deciding the question of seniority, the Additional Assistant Elementary Education Officer of Kadayam by proceeding dated 006.2000 rejected the claim of the petitioner on the ground that the seniority list was prepared based on the date of promotion in the post of Elementary School Head Master and therefore the petitioner cannot claim that he is senior in age than the 4th respondent and his name should be placed in the seniority list above the name of the 4th respondent.

(3.) Thereafter, the petitioner submitted an appeal on 09.07.2000 to the 3rd respondent and the 3rd respondent by proceedings dated 19.12.2000 rejected his request of seniority by saying that as per G.O.Ms.No.1140 Administrative Reforms dated 02.12.1983, the petitioner has not submitted the petition within 3 years from the date of promotion to the post of Elementary School Head Master. Against which the petitioner filed appeal before the 2nd respondent on 17.04.2001 and the same was also rejected by the proceeding dated 27.09.2001.